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“Upholding and Protecting the Rights and Interests of the Dene Nation”

DENE NATION PRESS RELEASE Dene Nation supports challenge of Transparency Act

Monday August 17, 2015

Yellowknife, Denendeh - On the 3rd

of August 2015, it was revealed that the Minister of Indian Affairs – Bernard

Valcourt instructed that litigation be commenced against Yukon’s Liard First Nation. The order seeks to

enforce the First Nations Financial Transparency Act (FNFTA) known as Bill C-27.

“This is an extremely unfortunate action by the Government of Canada. The government is in court this week

August 19-20, 2015 against five First Nations: Athabasca Chipewyan, Onion Lake, Ochapowace, Sawridge

and Thunderchild. At the same time, Onion Lake and Sawridge have filed litigation against the government

concerning the constitutionality of the legislation”, said Dene National Chief Bill Erasmus.

“The minister presupposes the constitutionality of the FNFTA. There is a federal court action challenging the

constitutionality of the FNFTA and the actions of the minister” added Dene National Chief Erasmus.

The issue of privacy and confidentiality was completely disregarded. The government did not send the

legislation to the Department of Justice for a legal opinion regarding these issues. This was admitted in the

Standing Committee when members asked if such a legal opinion existed. “This makes us the only citizens in

Canada who do not have a right of privacy or confidentiality” said the Dene National Chief.

The Dene National Chief further questions ”What is the rush to get First Nations into court? Is it a political or

a legal decision? From all appearances – it is political, since the government does not want to wait for a court

decision on constitutionality of the legislation. This government does not have a good track record on its

legislative agenda. They are playing politics with the lives of our Peoples”.

While this legislation was before the House of Commons and the Senate Standing Committee, the Canadian

Bar Association, the Assembly of First Nations, the Assembly of Manitoba Chiefs, the Federation of

Saskatchewan Indians, Confederacy of Treaty Six and many others called on the government to engage in a

proper process to review this legislation. The federal government chose to push the legislation without

considering the constitutionality. The federal government also chose to disregard rights flowing as a result of

treaties.

In 1988, the federal court decided on the issue of audits and the release of confidential information. The

decision in Montana found that the financial statements of the Montana Band to be private and confidential as

between the Minister and the members of the band. The court recognized that “in any similar situation

involving a non-governmental fiduciary, there would be no question that the information was subject to a duty

of confidence”. The government of Canada to get around the federal court decision in the Montana case

enacted Bill C-27.

For more information contact Alice Liske at 867-873-4081 or by email to admin@denenation.com.

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